Effective Date: April 24, 2026
These Terms of Use form a binding agreement between you, the user (“You” or “Customer”), and TheySaid, Inc. (“TheySaid,” “we,” “us,” or “our”).
By using the TheySaid customer insights engine, platform, website, applications, and related services, including any AI-powered feedback, survey, interview, user testing, forms, polling, analytics, or reporting functionality (collectively, the “Services”), you agree to these Terms of Use, together with any applicable Statement of Work, Order Form, Data Processing Addendum, Privacy Policy, or other written agreement between you and TheySaid (collectively, the “Agreement”).
TheySaid may update these Terms from time to time. If TheySaid makes material changes, TheySaid will provide notice by email, through the Services, or by posting a prominent notice on its website.
Material changes will become effective no earlier than thirty (30) days after notice unless a shorter period is required by law or the change is necessary to address security, legal, or operational risks.
Your continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms.
Access to the Services is provided as a subscription with a designated number of administrative account licenses that can utilize the Services (“Licenses”).
The number of Licenses and other features shall be specified in an applicable Statement of Work, Order Form, or similar ordering document (“SOW”).
TheySaid shall provide Customer a limited right to access and use the Services as detailed in the applicable SOW. Each SOW may specify:
To obtain access to the Services, Customer or its authorized users may be required to create an account with TheySaid by completing a registration form and designating a user ID and password.
When registering with TheySaid, Customer and its authorized users must:
Customer is responsible for all content and activity that occurs under Customer’s account.
TheySaid will not be liable for any damage or loss resulting from Customer’s failure to protect passwords, login credentials, or account information.
TheySaid may communicate with Customer via email, in-app notification, push notification, or other electronic means regarding Customer’s account, system updates, product changes, security issues, or other matters related to the Services.
A valid credit card or other approved payment method is required for paying accounts unless otherwise stated in an applicable SOW.
The Services are billed in advance in accordance with TheySaid’s pricing schedule or the applicable SOW. Unless otherwise stated in an applicable SOW, all payments are non-refundable.
There will be no refunds or credits for:
All fees are exclusive of taxes, levies, duties, or similar governmental assessments imposed by taxing authorities. Customer is responsible for payment of all such taxes, levies, duties, or similar assessments, other than taxes based on TheySaid’s income.
TheySaid may modify, suspend, or discontinue the Services, or any part of the Services, at any time for any reason.
Unless otherwise stated in an applicable SOW, TheySaid may modify the fees for the Services upon thirty (30) days’ prior written notice.
As between Customer and TheySaid, Customer retains all right, title, and interest in and to Customer Data.
“Customer Data” means content, data, information, prompts, questions, responses, survey results, interview responses, user-test data, recordings, transcripts, files, materials, and other information submitted to, collected through, uploaded to, or generated from Customer’s use of the Services.
Customer grants TheySaid a limited, non-exclusive, worldwide license to host, copy, process, transmit, display, analyze, transcribe, summarize, and otherwise use Customer Data solely as necessary to:
TheySaid claims no ownership rights in Customer Data.
Customer represents and warrants that Customer has all rights, permissions, notices, consents, lawful bases, and authorizations required to submit Customer Data to the Services and to permit TheySaid to process Customer Data as described in this Agreement.
7.1 Processing of Customer Data
TheySaid will process Customer Data only to provide, secure, support, and improve the Services, and as otherwise permitted by this Agreement, the Privacy Policy, and the Data Processing Addendum.
7.2 Privacy Policy
TheySaid’s collection and use of personal information is described in the TheySaid Privacy Policy.
7.3 Data Processing Addendum
To the extent TheySaid processes Personal Data on behalf of Customer, the TheySaid Data Processing Addendum is incorporated into this Agreement and governs that processing.
If there is a conflict between this Agreement and the Data Processing Addendum with respect to the processing of Personal Data, the Data Processing Addendum controls.
Customer is responsible for ensuring that Customer has all rights, consents, notices, lawful bases, and permissions required to collect, submit, and process Customer Data through the Services, including any personal data, recordings, transcripts, survey responses, interview responses, user-test data, or other end-user feedback.
TheySaid uses cookies and similar technologies as described in its Privacy Policy and, where applicable, its cookie banner or cookie preference center.
Certain cookies are necessary to provide and secure the Services. Other cookies, including analytics or advertising cookies, may be used only where permitted by applicable law and the applicable cookie preferences.
Users are responsible for configuring browser or cookie preferences as desired. Where required by applicable law, TheySaid will provide choices to accept, reject, or manage non-essential cookies.
Customer is responsible for all projects, surveys, interviews, user tests, forms, polls, prompts, questions, instructions, and other materials Customer creates or distributes through the Services.
Customer is solely responsible for providing legally sufficient notices and obtaining all consents required from end users, respondents, testers, interviewees, participants, or other individuals who interact with Customer’s projects through the Services, including consents related to:
Customer may not use the Services to collect sensitive personal data, biometric data, health information, financial account information, government identifiers, children’s data, or other regulated data unless Customer has obtained all legally required consents and TheySaid has expressly agreed to such use in writing where required.
The Services may include artificial intelligence features, including AI-assisted project creation, AI-moderated conversations, transcription, summarization, analysis, theme detection, recommendations, and other generated outputs (“AI Outputs”).
Customer acknowledges that AI Outputs may be inaccurate, incomplete, misleading, biased, duplicative, or unsuitable for Customer’s intended purpose.
Customer is solely responsible for reviewing, validating, and determining whether to rely on any AI Output.
AI Outputs are not legal, financial, medical, employment, compliance, or other professional advice.
Customer may not rely on AI Outputs as the sole basis for decisions that produce legal, financial, employment, housing, credit, healthcare, educational, or similarly significant effects concerning an individual.
Customer is responsible for all prompts, questions, instructions, Customer Data, and other inputs submitted to the Services, and for all actions taken based on AI Outputs.
Customer may not use the Services to:
TheySaid may, but has no obligation to, remove accounts or content that TheySaid determines, in its sole discretion, are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, otherwise objectionable, infringing, or in violation of these Terms.
Customer acknowledges that the Services may contain trade secrets and other proprietary information of TheySaid and its licensors.
To protect such trade secrets and proprietary interests, Customer agrees not to reverse engineer, decompile, disassemble, copy, modify, distribute, sell, sublicense, or otherwise misuse the Services except as expressly permitted by this Agreement.
TheySaid and its licensors retain all right, title, and interest in and to the Services, including all software, technology, workflows, designs, interfaces, models, systems, documentation, templates, analytics, and other proprietary materials.
Except for the limited access rights expressly granted in this Agreement, no rights are granted to Customer by implication, estoppel, or otherwise.
Each party may receive non-public information from the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”).
Customer Data is Customer’s Confidential Information.
The non-public aspects of the Services, including technical information, product plans, pricing, security information, software, systems, workflows, and documentation, are TheySaid’s Confidential Information.
Each party will:
Confidential Information does not include information that:
Customer is responsible for exporting Customer Data before termination or cancellation.
Following termination or cancellation, TheySaid may disable Customer’s access to the Services and delete Customer Data in accordance with its standard retention practices, the Privacy Policy, the Data Processing Addendum, and applicable law.
TheySaid may retain limited information as necessary to:
TheySaid represents and warrants that any professional services provided by TheySaid, if any, shall be provided in a professional and workmanlike manner.
TheySaid’s sole and exclusive liability for any breach of the above warranty shall be limited to re-performance of the applicable services at no additional cost to Customer.
TheySaid represents and warrants that:
Customer represents and warrants that:
OTHER THAN AS SET FORTH IN THIS AGREEMENT, THEYSAID EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING THE SERVICES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TheySaid and its affiliates and sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to Customer’s use of the Services.
Customer’s sole remedy for dissatisfaction with the Services is to stop using the Services.
TheySaid may identify Customer as a customer using Customer’s name and logo in customer lists and marketing materials, unless Customer notifies TheySaid in writing that it does not permit such use.
Any press release, case study, testimonial, or public announcement describing Customer’s use of the Services requires Customer’s prior written approval.
Neither party may assign this Agreement without the other party’s prior written consent, except in the event of a merger, acquisition, corporate reorganization, or sale of substantially all of the assigning party’s assets.
Any attempt to assign this Agreement other than as permitted above will be null and void.
Notice shall be deemed given upon receipt via:
Notices to TheySaid will be sent to:
TheySaid, Inc.
2701 N Thanksgiving Way
Lehi, UT 84043
Attention: Security Team
Notices to Customer will be sent to the address appearing on the applicable SOW or to the email address used to register Customer’s account.
This Agreement shall be governed by and construed under the laws of the State of California, without regard to its conflict-of-law provisions.
The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.
The parties submit to the exclusive jurisdiction and venue of the United States District Court for the District of Northern California or the state courts with competent jurisdiction located in Santa Clara County, California.
The parties agree that any action or proceeding between the parties or their successors arising from or relating to this Agreement shall be heard by a judge of such courts.
The parties waive their right to trial by jury in any such action or proceeding.
The parties are independent contractors.
Nothing in this Agreement will be construed to create or imply any partnership, agency, joint venture, fiduciary relationship, or employment relationship between the parties.
Neither party has authority to assume or create any obligation or responsibility on behalf of the other party.
No failure or delay by either party in exercising any right, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect.
The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision.
TheySaid will not be responsible for any failure or delay in performance due to causes beyond its reasonable control, including:
This Agreement constitutes the complete and exclusive agreement between Customer and TheySaid with respect to the subject matter of this Agreement and supersedes any prior or contemporaneous communications, proposals, representations, understandings, or agreements, whether written or oral.
TheySaid expressly objects to any additional or conflicting terms proposed by Customer in a purchase order or otherwise.
Except as otherwise stated in this Agreement, this Agreement may only be modified or amended by a written amendment executed by both parties.
Any questions regarding these Terms of Use should be addressed to:
TheySaid User testing recommends questions, delivers via your existing channels, engages your audience,and summarizes results through AI user testing, surveys, and interviews.
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